Terms & Conditions of Use

1.  Your Agreement
By accessing or using the website operated at http://www.codatrust.ca  (the “Website”) and the services offered therefrom, you (“you”, “your” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms and Conditions of Use (the “Terms and Conditions”) with Coda Trust Company Ltd., its partners, principals, employees, agents and authorized representatives (collectively “us”, “we” or “our”), in all respects with respect to the Website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS.

Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.
 
2.  Amendments
We reserve the right to make amendments to the Terms and Conditions at any time without notice to you but will ensure that the most recent version of the Terms and Conditions, fully amended, is posted on the Website. Your continued use of the Website following amendments to the Terms and Conditions constitutes your agreement to them.
 
3.  Privacy
You acknowledge that you have read the Privacy Policy located on the Website at http://www.codatrust.ca/privacy-policy.html as it may be amended from time to time (the “Privacy Policy“), and hereby consent to the collection, use, sharing and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein and in accordance with the Privacy Policy. You also agree to the terms and provisions of the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
 
4.  Website Limitations
The Website depends on the internet, including networks, cabling, facilities and equipment that is not in our control; accordingly: (a.) any representation made by us regarding access, performance, speeds, security, reliability, availability, use or consistency of the Website is on an “as is” basis; (b.) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency; and (c.) data, messages, e-mail, information or materials sent over the internet may not be completely private or secure, is subject to possible interception, loss and possible alteration and your anonymity is not guaranteed. Users should not send any confidential, proprietary or sensitive information to us over the internet. We are not responsible for and will not be liable to you or any one else for any damages in connection with information sent using the internet by you to us or by us to you. 

5.  Prohibited Actions
You agree that you will not, directly or indirectly, permit or do, any of the following, in connection with the Website:

  1. post, upload, reproduce, distribute or transmit any data, information, material or content that:

(i) is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” or is otherwise duplicative or unsolicited;
(ii) contains malware, a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component;
(iii) is defamatory, infringing, or unlawful;
(iv) gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;
(vi) constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including unauthorized use of a computer, mischief in relation to data and fraud;
(vii) engages in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
(viii) scans or probes another computer system, obstructs or bypasses computer identification procedures or engages in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
(ix) forges headers or otherwise manipulates any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
(x) impersonates or falsely represents your association with any person, including a representative of us;
(xi) disrupts or threatens the integrity, operation or security of the Website, any computer or any internet system;
b.   disable or circumvent any access control or related process or procedure established with respect to the Website;

  1. sublicense, resell, reproduce, copy, distribute, or exploit for any commercial purposes any portion of, use of or access to, the Website, except where expressly authorized by us; or
  2. extract, collect, or store personal information about others without their express consent.

 
6. Legal Disclaimer
The information on this Website is intended to furnish Users with general information on matters that they may find to be of interest. While every effort has been made to offer current and accurate information, errors can occur. Furthermore, this Website may contain references to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances.

WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS WEBSITE.

All content on the Website and all services provided through it are provided “as is” and “as available” basis with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. Without limiting the generality of the foregoing, we do not represent or warrant that this Website, the various services provided through this Website, and / or any information or other material posted on or uploaded to this Website, will be accurate, secure, current, uninterrupted, error-free, omission-free or free of viruses or malicious code or other harmful components.

YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR ITS USAGE.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL LIABILITY TO YOU AND EVERYONE ELSE IN RESPECT OF THE USE OF, AND CONTENT ON, THIS WEBSITE AND ALL SERVICES PROVIDED THROUGH IT, WHETHER UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE WERE ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES RELATING TO ANY OF THE FOLLOWING:  (A.) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR RELATED COMPONENT; AND (B.) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO, THE WEBSITE.

The information presented on this Website should not be construed as legal, tax, accounting or any other professional advice or service. Users should consult with us or other professional advisor familiar with your particular factual situation for advice concerning specific tax or other matters before making any decision. Users should not send any confidential information to us until you have received agreement from us to perform the services you request.
 
7. Legal Compliance
You agree to comply with all applicable laws in accessing and using this Website and any services in connection therewith and will only use it for lawful purposes. The use of this Website or any e-mail to us or to anyone at our offices does not give rise to a client relationship notwithstanding receipt of such communication. A client relationship will only be established upon mutual agreement in writing.
 
8. Intellectual Property
This website and its contents are protected by copyright and trademark. Users require our written permission to reproduce, use, display, distribute, copy or reference it.
 
9. Governing Law
These Terms and Conditions are governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.